Law:

Section:

  East Bengal State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), S. 96 (2)-Pre-emption proceedings at instance of co-sharer tenant-No party except other co-sharer tenants of holding and transferee to be made parties-Proceedings at instance of tenant holding land contiguous to land transferred-Not only co-sharer tenants but all persons holding land contiguous to land transferred, necessary parties.   Benami transaction-Benamdar can sue and be sued and can be deemed to represent real owner in litigation with third party.   East Bengal State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), S. 96-Addition of parties-Procedure laid down in O. I, r. 10(5), Civil Procedure Code (V of 1908) to be followed-Proceedings against added party deemed to commence only on service of summons on him-Limitation Act (IX of 1908), S.22.   East Bengal State Acquisition and Tenancy Act 1950 (XXVIII of 1951), S. 96-No one co-sharer can get whole property by pre-emption Rate-able pre-emption as laid down in section 96 to be effected.   East Bengal State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), S. 96-Co-sharer tenant can join application for pre-emption within prescribed period referred to in S. 96 (1) or within two months from date of service of notice of application under S. 96 (3) (b) whichever be earlier.   East Bengal State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), S. 96 (4)-Co-sharer tenant wishing to join as CO-applicant for rate-able pre-emption-Relevant date for computing time date of knowledge of transfer by such tenant not that of original applicants.   East Bengal State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), Ss. 96 (4) & (1)-Application for rate-able pre-emption under S. 96 (4)-Not possible in absence of application under S. 96 (1). JUDGMENT   These two Rules arise out of two applications under section 96 of the East Bengal State Acquisition and Tenancy Act, 1950 (hereinafter referred to as the Act) asking for pre emption with regard to two Kabalas dated 21-4-60. The kabalas were executed by opposite-party No. 3 Abdul Ghani Sardar and opposite-party No. 4 Muhammad Ali Munshi in favour of…